Labor Laws & Money Blog

WASHINGTON – The U.S. Department of Labor today filed an amicus brief urging the Fourth Circuit to affirm a district court’s decision dismissing the claims in Stana v. SAS Institute Inc., No. 26-1305, that the employer breached its fiduciary obligations by not using forfeited funds for plan expenses.In the amicus brief, the department asserted that the district court appropriately determined the plan fiduciary did not violate its duty of loyalty to plan participants. The plaintiffs’ argument that forfeitures should be allocated to pay plan expenses does not allow for the fact that the plan at issue gave the fiduciary that allocated the forfeitures discretion over them under the Employee Retirement Income Security Act.The department has primary authority to interpret and enforce provisions of Title I of ERISA to ensure fair and impartial administration and compliance with its requirements.The plaintiffs in the case were employed by the SAS Institute and participated in its retirement plan that allowed employees to be fully vested after five years of employment. If a participant left the company before completing five years of employment, the employee would forfeit the balance of the company’s unvested matching contributions. As the plan manager, SAS has the power to determine how forfeited funds are distributed, the brief said.Between 2018 and 2023, SAS generally opted to use the forfeited funds to reduce its matching contributions. However, in 2022, SAS chose to allocate $222,320 in forfeitures toward plan expenses. Plaintiffs claimed that unless the plan was on the verge of insolvency, SAS should have used all forfeitures to pay plan expenses to reduce costs for participants.Under ERISA, retirement plan administrators must act loyally. They do not act disloyally by choosing to use forfeitures for employers’ plan contributions rather than plan expenses, the department said. The brief also contended that continued litigation of this type could have the unintended effect of disincentivizing employers from creating retirement plans. Read the department’s amicus brief in Stana v. SAS Institute.

In the week ending July 18, the advance figure for seasonally adjusted initial claims was 187,000, a decrease of 22,000 from the previous week's revised level. The previous week's level was revised up by 1,000 from 208,000 to 209,000. The 4-week moving average was 207,500, a decrease of 7,250 from the previous week's revised average. The previous week's average was revised up by 500 from 214,250 to 214,750.

ORLANDO, FL – The U.S. Department of Labor has cited a Florida roofing company for willfully putting workers at risk of falling at residential construction sites. Investigators with the department’s Occupational Safety and Health Administration found that on Jan. 21, 2026, Orchids Builders LLC exposed workers to a 10-foot fall hazard when it failed to provide them with fall protection while they installed sheathing on a sloped roof at a Rockledge worksite. On March 10, 2026, OSHA investigators found the employer exposed a worker to a 9-foot fall hazard while installing metal hurricane clips at another Rockledge worksite. OSHA also found that Orchids Builders failed to prepare and maintain written fall protection training certificates for employees at both worksites, did not ensure workers had eye protection while using nail guns,  exposing them to eye injuries, and allowed workers to use ladders with side rails that did not extend at least 36 inches above the roof landing, increasing the likelihood and risk of a fall.OSHA cited the employer for two willful and four repeat violations and proposed $349,754 in penalties. Orchids Builders LLC has been inspected seven times since 2023 and all the cases included fall protection violations.It has 15 business days from receipt of its citations and penalties to comply, request an informal conference with OSHA’s area director, or contest the findings before the independent Occupational Safety and Health Review Commission. Please check the OSHA establishment search page periodically for any changes in the inspection or penalty status.  OSHA’s fall prevention webpage includes a free and downloadable fall protection guide. Employers can contact the agency for free compliance assistance and resources.

WASHINGTON – The U.S. Department of Labor’s Employee Benefits Security Administration today issued a proposed rule that would modernize how group health plans deliver required disclosures, making communication faster, more efficient, and less costly. The proposed rule would establish a safe harbor allowing approximately 2.8 million group health plans covered by the Employee Retirement Income Security Act to provide required documents digitally. Group health plans currently print and mail up to 11 billion sheets of paper each year. The department estimates the proposal could save group health plans $3.9 billion over 10 years while giving participants and beneficiaries easier, more reliable access to their health plan information. “Today, the Department of Labor is helping employers save billions by modernizing how health plans communicate with Americans,” said Acting Secretary Keith Sonderling. “This proposal replaces outdated paperwork with clear, accessible digital tools that help families get the information they need, when they need it. It’s a commonsense change that delivers real savings and better service for workers across the country.”The department is proposing to add another method ERISA-covered group health plans can use to provide electronic communication to recipients. In 2002, the department issued a rule that provided a safe harbor for electronic communication to recipients in two categories: participants who can be considered “wired at work,” and participants, beneficiaries, and other individuals who consent to receive documents electronically. The new safe harbor created by the proposed rule is similar to the 2020 safe harbor rule for pension plans. Group health plans may continue to follow the 2002 safe harbor rule for electronic delivery or provide paper documents.“The Department of Labor is proposing to modernize communications between healthcare plans and the beneficiaries and participants they serve,” said Assistant Secretary for Employee Benefits Security Daniel Aronowitz. “If finalized, this rule will make required disclosures more efficient, significantly reduce administrative costs, and make it easier for people to access and manage their health plan documents online.”EBSA ensures the security of retirement, health, and other job-based benefits for American workers and their families. The agency is responsible for protecting more than 155 million workers, retirees, and their families, who are covered by approximately 2.8 million health plans, 837,000 private retirement plans, and 521,000 additional welfare benefit plans. Together, these plans hold about $15.2 trillion in assets.Employers and workers can contact EBSA at askebsa.dol.gov or call 866-444-3272 toll-free for help with private sector job-based retirement and health plans.Read the notice of proposed rulemaking on electronic disclosure by group health plans under ERISA. 

WASHINGTON – The U.S. Department of Labor today issued two opinion letters addressing how the Fair Labor Standards Act applies to the commuter travel of employees who work part of their workday at home. Opinion letters provide official written interpretations from the department’s enforcement agencies, including the Wage and Hour Division, that address real-world questions from individuals or organizations. The letters explain how the laws the division enforces, including the FLSA, apply to specific factual circumstances and that may also help the public understand their rights and responsibilities.“These opinion letters offer comprehensive guidance that allows employers to confidently make informed decisions regarding a wider variety of employee work arrangements,” said Wage and Hour Division Administrator Andrew Rogers. “By elucidating how the FLSA applies to various commuting situations, the division is enabling organizations to successfully implement compliant practices that support operational and employee needs, while ensuring that workers are properly compensated for all hours worked.”The two opinion letters issued today are:FLSA2026-9: Whether mid-day travel between an employee’s home and work office is worktime that an employer must record and pay for under the FLSA, where the employee performs work at both locations and the mid-day travel is offered as a voluntary alternative to unpaid commuter travel that would otherwise occur before or after the employee’s workday.FLSA2026-10: Whether time spent by an employee receiving pages, calling clients and other workers to schedule appointments, and driving from home to the first client appointment is worktime that an employer must record and pay for under the FLSA.In June 2025, the department announced the relaunch of the opinion letter program, which expands its longstanding commitment to providing meaningful compliance assistance that helps workers, employers, and other stakeholders understand how federal labor laws apply in specific workplace situations.The public is encouraged to visit the division’s opinion letter page to explore past guidance and to find information on how to submit a request for an opinion letter. The division will exercise discretion in determining whether and how it will respond to each request and will focus primarily on attempting to address matters where the application of existing regulations or guidance is unclear or issues of broad-based concern.Workers and employers can call the Wage and Hour Division with questions and requests for compliance assistance at its toll-free helpline, 866-4US-WAGE (487-9243). Employers are encouraged to use the agency’s industry-specific compliance assistance toolkits to learn about their responsibilities under the laws enforced by the division. The agency’s PAID program offers employers an opportunity to self-report and resolve potential minimum wage and overtime violations under the FLSA, as well as certain potential violations under the Family and Medical Leave Act.Read opinion letters FLSA2026-9 and FLSA2026-10.